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![handle is hein.slavery/ssactsengr1035 and id is 1 raw text is: 1 T. P. 252. SMITH V. WALLIS 1079
charged with two [252] distinct offences, each of which would subject him to a
separate penalty; and supposing they could both have been included in one conviction,
which is to be doubted, the defendant should have been convicted of both. A judgment
for too little is as bad as a judgment for too much.
Conviction quashed.
SmiTH against WALLis. 1786. Under the 25 Geo. 3, c. 50, only those defendants
who are acquitted upon a prosecution for seizing guns are entitled to treble
costs.
A verdict had been given for the defendant in an action on the late Game Act, for
shooting without a certificate. And the Master had taxed treble costs under that (a)
clause in the Act for protecting persons sued for any thing done in pursuance of
the Act.
Bower now moved that the Master might review his taxation, on the ground that
the statute only intended to give treble costs to those persons who were prosecuted
for seizing guns.
Abbott opposed this motion in the first instance, and contended that the Act also
meant to give treble costs to persons sued for penalties under the Act. But
The Court were of a different opinion, and made the
Rule absolute.
LOCKYER AND OTHERS against OFFLEY. Friday, May 26th, 1786. A ship being
insured for a voyage, the underwriter is not liable for any loss arising fronm
seizure after she has been 24 hours in port; though such seizure was in conse-
quence of an act of smuggling committed by the master during the voyage.
[Applied, Lidgelt v. Secretan, 1870, L. R. 5 C. P. 200; Cory v. Burr, 1883,
8 App. Cas. 405.]
This was an action on a policy of insurance on the ship Hope from Hamburgh
to London, subscribed by the defendant on the 19th of August 1785, for the sum of
2001. at one guinea per cent.
The cause came on to be tried at the sittings after Hilary term, 1786, at Guildhall,
before Buller, J. when the jury found a verdict for the plaintiffs, subject to the opinion
of the Court on the following case.
That the defendant underwrote the policy stated in the declaration for the sum of
2001. at one guinea per cent.
That the plaintiffs were interested in the ship to the amount of the sum insured.
[253] That in the course of the voyage the master committed barratry by smuggling
on his own account, by hovering and running brandy on shore in casks under 60
gallons.
That on the 1st September 1785 the ship arrived in safety at her moorings in
the river Thames, and remained there in safety till the 27th of the said month of
September, when she was seized by the Revenue .officers for the smuggling before
stated.
That about a fortnight or three weeks after the seizure the plaintiffs informed the
underwriters thereof ; and that they would hold them liable on the policy.
That on the 20th October 1785 the following petition was presented to the Com-
missioners of His Majesty's Customs:
London, 20tb October 1785.
May it please your Honors,-In answer to our former petitions to your Honour-
able Board, relating to the seizure of our ship the 'Hope,'late John Law, master, from
Hamburgh, by Mr. Hunter, tide surveyor of His Majesty's Customs, we there find
your Honourable Board has ordered the said ship to be delivered to us upon our
giving sufficient bail or security for her value until the issue was terminated, for
which indulgence we return our unfeigned thanks. But from the state of our
innocent as well as our distressed situation in this transaction, we are led further
to solicit your Honors' reconsideration of our petition, and to order the vessel to be
(a) Sect. 28.](ViewImageLocal?handle=hein.slavery/ssactsengr1035&div=1&collection=&method=preview&ext=.png&size=3)